Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 23 March 2023 — Consorzio Nazionale Servizi Società Cooperativa (CNS) v Consip SpA

(Case C-189/23, Consorzio Nazionale Servizi)

(2023/C 216/35)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Appellant: Consorzio Nazionale Servizi Società Cooperativa (CNS)

Respondent: Consip SpA

Question referred

Do Articles 16, 49, 50 and 52 of the Charter of Fundamental Rights of the European Union, Article 4 of Protocol No 7 to the European Convention on Human Rights, Article 6 TEU, and the principles of proportionality, competition, freedom of establishment and freedom to provide services laid down in Articles 49, 50, 54 and 56 TFEU preclude national rules (Articles 38(1)(f), 48 and 75 of decreto legislativo n. 163 (Legislative Decree No 163) of 2006) which provide for the application of the penalty of forfeiture of the provisional security, as an automatic consequence of the exclusion of an economic operator from a procedure for the award of a public service contract, even though that economic operator has already been the addressee, in relation to the same single conduct, of another penalty determined following a specific procedure initiated by another competent authority of the same Member State?